1. For the purpose of determining the amount
of the drug testing credit to which a promoter is entitled, the amount paid by
the promoter to administer a drug testing program for unarmed combatants:
(a) Includes the following costs, whether
paid to the Commission or to a sanctioned drug testing organization:
(1) The actual cost to collect a sample or
specimen.
(2) The actual cost to
test the sample or specimen.
(3)
Any other costs deemed by the Commission to be reasonably necessary to
administer an effective drug testing program.
(b) Does not include the following costs:
(1) Any costs paid by the promoter to
adjudicate the results of a drug test, including, without limitation, the costs
to adjudicate the determination of any penalty or sanction imposed on an
unarmed combatant pursuant to an agreement between the unarmed combatant and
the promoter.
(2) Any costs paid by
the promoter for educational materials or programs.
(3) Any costs paid to a person that is not a
sanctioned drug testing organization.
(4) Any costs not listed in paragraph
(a).
2. To
qualify for the drug testing credit:
(a) A
cost described in paragraph (a) of subsection 1 must be paid by the promoter:
(1) To the Commission or to a sanctioned drug
testing organization;
(2) To
perform a drug test on an unarmed combatant in relation to a contest or
exhibition that was held, or scheduled to be held, in this State; and
(3) To perform a drug test on a sample or
specimen taken not earlier than 90 days before the applicable contest or
exhibition and not later than 6 hours after the conclusion of the program of
unarmed combat in which the unarmed combatant competed.
(b) The number of sample or specimen
collection events and the number and type of tests for each unarmed combatant
must be deemed reasonable by the Chair of the Commission or the Executive
Director. Upon the request of the Chair or the Executive Director, a promoter
shall provide such information as the Chair or Executive Director deems
necessary to establish that the number of sample or specimen collection events
and the number and type of tests for each unarmed combatant are
reasonable.
(c) The laboratory
testing the sample or specimen must test the sample or specimen in a timely
manner, as determined by the Commission.
(d) The result of each drug test on an
unarmed combatant must:
(1) Be sent directly
to the Executive Director by the laboratory that performed the test on the
sample or specimen at the same time that the laboratory gives notice of the
result to the drug testing organization or promoter for whom the drug test was
performed; and
(2) Include the date
on which the sample or specimen was collected from the unarmed combatant, the
date on which the laboratory received the sample or specimen, the date of the
analysis of the sample or specimen by the laboratory and the result of that
analysis.
3.
If the amount paid by a promoter to administer a drug testing program relates
to more than one contest or exhibition, the promoter may apply a drug testing
credit against the license fee for only one such contest or
exhibition.
4. Upon the approval of
the Commission, a promoter may calculate the amount of the drug testing credit
to which the promoter is entitled by aggregating the amount paid by the
promoter to administer a drug testing program for multiple contests or
exhibitions.
5. The amount of the
drug testing credit to which a promoter is entitled for a contest or exhibition
must not exceed the amount of the license fee for that contest or exhibition.
Any amount of the drug testing credit for a contest or exhibition that exceeds
the amount of the license fee for that contest or exhibition is forfeited and
may not be applied to the license fee for another contest or exhibition, unless
the Commission authorizes a promoter to apply the excess amount of the drug
testing credit to the license fee for another contest or exhibition.
Added to NAC
by Athletic Comm'n by
R062-16A,
eff. 9/9/2016
